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Leaders in Legal Business
Choosing the Appropriate Service Model
In many cases clients can realize significant savings by sharing the responsibility for e-discovery with
outside counsel and third-party service providers. In recent years the e-discovery service industry has developed
three service models to choose from:
a firm-hosted model;
a fully outsourced mode; and
a hybrid model.
The right choice will depend on a variety of factors. In many instances, depending on the client’s e-
discovery capabilities, an approach that blends internal and external resources is most effective. It may make
sense to divide the responsibilities according to the discovery phase, depending on the client’s sophistication and
budget.
Some factors to consider in choosing a model include the following:
the client’s volume and type of litigation;
the client’s volume and types of data;
the skill sets of lawyers and other legal professionals on the client’s team of outside counsel;
the skills and resources of the client’s in-house legal and IT teams; and
the costs and risks associated with the client’s information.
Outsourcing all or part of the discovery process to third-party service providers benefits clients and their
counsel in many ways. First, discovery providers often have superior expertise, including knowledge of best
practices and cost-saving strategies. Second, service providers have access to scalable resources, including trained
legal reviewers; this means they can mobilize their teams quickly and jump-start projects to meet tough deadlines.
Third, service providers typically have access to the latest e-discovery technology and tools. Finally, using a
service provider can often be more cost-effective than using outside counsel or in-house resources.
Establishing a relationship with a preferred provider of e-discovery services can lead to even more
lucrative benefits: Costs will become predictable, and more favorable rates can be negotiated if discovery work is
consolidated with a single provider. Moreover, sharing the load of discovery with a trusted specialist allows
external and internal counsel to focus on their core responsibilities: handling substantive issues and developing
legal strategy.
Finding the Right Strategic Partner
With the right investment of time and resources, counsel can find a strategic partner that will complement
its services and delivery model. The Sedona Conference®’s publication, “Navigating the Vendor Proposal
Process: Best Practices for the Selection of Electronic Discovery Vendors,”6 is a useful reference for engaging in
this process.
Keep in mind that retaining an e-discovery provider implicates ethical responsibilities such as the duty to
protect a client’s data, so counsel should spend a sufficient amount of time evaluating potential providers. In
general, at a minimum, the following topics should be addressed during the screening process:
6 Navigating the Vendor Proposal Process: Best Practices for the Selection of Electronic Discovery Vendors, THE SEDONA CONFERENCE (Second Edition,
June 2007), https://thesedonaconference.org/download-pub/80.
79
Choosing the Appropriate Service Model
In many cases clients can realize significant savings by sharing the responsibility for e-discovery with
outside counsel and third-party service providers. In recent years the e-discovery service industry has developed
three service models to choose from:
a firm-hosted model;
a fully outsourced mode; and
a hybrid model.
The right choice will depend on a variety of factors. In many instances, depending on the client’s e-
discovery capabilities, an approach that blends internal and external resources is most effective. It may make
sense to divide the responsibilities according to the discovery phase, depending on the client’s sophistication and
budget.
Some factors to consider in choosing a model include the following:
the client’s volume and type of litigation;
the client’s volume and types of data;
the skill sets of lawyers and other legal professionals on the client’s team of outside counsel;
the skills and resources of the client’s in-house legal and IT teams; and
the costs and risks associated with the client’s information.
Outsourcing all or part of the discovery process to third-party service providers benefits clients and their
counsel in many ways. First, discovery providers often have superior expertise, including knowledge of best
practices and cost-saving strategies. Second, service providers have access to scalable resources, including trained
legal reviewers; this means they can mobilize their teams quickly and jump-start projects to meet tough deadlines.
Third, service providers typically have access to the latest e-discovery technology and tools. Finally, using a
service provider can often be more cost-effective than using outside counsel or in-house resources.
Establishing a relationship with a preferred provider of e-discovery services can lead to even more
lucrative benefits: Costs will become predictable, and more favorable rates can be negotiated if discovery work is
consolidated with a single provider. Moreover, sharing the load of discovery with a trusted specialist allows
external and internal counsel to focus on their core responsibilities: handling substantive issues and developing
legal strategy.
Finding the Right Strategic Partner
With the right investment of time and resources, counsel can find a strategic partner that will complement
its services and delivery model. The Sedona Conference®’s publication, “Navigating the Vendor Proposal
Process: Best Practices for the Selection of Electronic Discovery Vendors,”6 is a useful reference for engaging in
this process.
Keep in mind that retaining an e-discovery provider implicates ethical responsibilities such as the duty to
protect a client’s data, so counsel should spend a sufficient amount of time evaluating potential providers. In
general, at a minimum, the following topics should be addressed during the screening process:
6 Navigating the Vendor Proposal Process: Best Practices for the Selection of Electronic Discovery Vendors, THE SEDONA CONFERENCE (Second Edition,
June 2007), https://thesedonaconference.org/download-pub/80.
79
